Should I bring prenup to an interview as an evidence?

Asked about 1 year ago - Plainville, CT

Hi. I am not sure if I should take prenup as an evidence to the green card interview. Would they consider it as a sign we are not a real couple and don't trust each other or that we were serious about the marriage? I am doing aos from a tourist visa.
We have 20 years difference in age and he is wealthy that's why we needed a prenup that states the amount I'm getting in case of divorce.

Additional information

What should I say if I'm asked for papers showing me added to the title on a house which we can't do due to the prenup?
PS. Marriage is real

Attorney answers (4)

  1. Robert C Ross

    Contributor Level 11

    1

    Lawyer agrees

    Answered . As has been said below, this is a judgment call, there is no 'right' answer, but a review of the document will tell a good lawyer what the reaction to the document is likely to be. This is the kind of judgment immigration lawyers have to make daily. This is one of the benefits of having an attorney.

    The above is not legal advice. It is general information. I only give legal advice to those who have a retainer... more
  2. Dana Roxana Bucin

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Your case is a BIG RED FLAG even without the prenup - the 20 years of age difference and the lack of evidence about splitting assets - such as a house - will raise some eyebrows in Hartford. Do yourself a big favor and hire an attorney to review your case and accompany you to the interview. A lawyer can help you get alternative evidence that overcomes the prenup, age difference and lack of splitting assets. Feel free to contact me at our Hartford office with any questions.

    Contact: 860-548-2629 or dbucin@uks.com. This answer is provided for general education purposes only and is not... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should bring the copy of a prenuptial agreement as evidence the same way as you would bring the copy of "confidential" marriage certificate to the I-485 interview to establish the genuinnes of your marriage = an immediate red flag!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Pablo Husayn Nossa

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I am personally rather fond of prenuptial agreements when it comes to evidence, particularly in cases like yours. The reason is he is both wealthy and the USC and it stipulates that upon divorce you will receive a certain dollar amount. Not typical behavior for a couple marrying solely for immigration benefits. Counter arguments could be made and I can think of several off the top of my head, but I will leave that up to my colleagues to argue.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by... more

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